Friolo v. Frankel (In re Frankel)
Jan
25
2013
Ruling
Relief from stay granted in order to allow resolution of appeal with possible collateral estoppel effect on nondischargeability proceeding.
Procedural posture
Movant sought relief from the automatic stay under 11 U.S.C.S. § 362(d) to allow the Court of Appeals of Maryland to resolve a pending appeal against the debtor. The movant filed an adversary proceeding against the debtor under 11 U.S.C.S. § 523(a)(6), alleging that the judgment should be excepted from discharge because it arose from a willful and malicious injury.
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Court
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